Child Support Calculation

[samsung]

What is the name of your state? MO

When are bonuses included for calculating child support? I can only find that it "may" be included. Do they go off of the W2 forms or check stubs? If this bonus is paid monthly and has been consistant for 3 years, does that set a 'trend' that it will continue, and therefore included when calculating support amounts?What is the name of your state?

[CJane]

The form that MO uses doesn't differentiate. It asks for gross monthly income... if the bonus is consistent (and 6 months is considered consistent), then it should be included. If it's NOT, you can request that the court impute an income based on W-2s for the past 3 years.

Is the bonus significant enough to effect the CS calculation by more than a few dollars? Have you run the numbers on the official MO calculator? I can link you to one you can d/l in excel format if you need it.

[majomom1]

I found a calculator online, not sure if it is official, I would love to have the one you mentioned for excel! Thanks.

The bonus amounts to over $30K per year, and it makes several hundred dollars difference. It is on the W2's for past 3 years, and current year paystubs show it is still consistant now. Ex contends that bonus is not included. Thanks for the term "inpute an income based on W-2s for the past 3 years". I knew there had to be a way to have them look at W2's and not just pay stubs.

Thanks!

[mjcrules]

To make sure you are able to verify most of another's wages/income from employment for child support calcs it is best to request in discovery a copy of all W-2's. Many states do not require a copy of the W-2 as long as the most current year's tax return is submitted. The wages figure on form 1040, for example, is net of most retirement plan contributions, pre-tax employee benefit plan deductions and other items that would be overlooked without a copy of the W-2. You might also request a copy of the "Plan Summary" or plan document of all employee retirement and benefit plans from the employer directly. Additional income that might qualify under the State's definition for child support calcs., but not for federal income tax purposes, may be discovered by a skilled attorney. Considering a claim for not providing during discovery while certifiying all doc of income had been included? Unless a person is in a financial/tax career I would doubt they were aware of the income's existence and were not purposely concealing.

Bottom line: You need to request and receive a copy of all W-2's.

[CJane]

You can d/l the form here. It includes instructions and explanations.

Are you filing in court or using DSS?

Edited to add the link I wasn't bright enough to use to begin with...

[url]http://www.williamquick.com/demo/form14v2.xls[/url]

[nextwife]

It makes sense to have people pay CS on what they earn, I just don't understand paying CS on what your employer has THE OPTION TO PAY OR NOT PAY YOU if they DON'T choose to pay it to you in a given year when the business experiences losses or lower profits. In some industries (like mine, real estate, or hubby's Textiles), three years in not necessarilly the length of an up cycle, one can see four or five good years, then some down years. And I'd know, I've been around my industry for fifty years.

[SingleMom67]

It makes sense to have people pay CS on what they earn, I just don't understand paying CS on what your employer has THE OPTION TO PAY OR NOT PAY YOU if they DON'T choose to pay it to you in a given year when the business experiences losses or lower profits. In some industries (like mine, real estate, or hubby's Textiles), three years in not necessarilly the length of an up cycle, one can see four or five good years, then some down years. And I'd know, I've been around my industry for fifty years.

Yes, but if there is as consistent, long-term history of payment, than payment is presumed to be expected and therefore should be included. That's why the calculations are based on an "average" over a period of time (State dependant). And that's also why you can apply for a downward modification when you show down, lean years, again over a period of time.

[CJane]

It makes sense to have people pay CS on what they earn, I just don't understand paying CS on what your employer has THE OPTION TO PAY OR NOT PAY YOU if they DON'T choose to pay it to you in a given year when the business experiences losses or lower profits. In some industries (like mine, real estate, or hubby's Textiles), three years in not necessarilly the length of an up cycle, one can see four or five good years, then some down years. And I'd know, I've been around my industry for fifty years.

It's not all that different though, than basing it on income in general. My ex makes good money in his current position, but with the way manufacturing is lately there's no guarantee that he'll continue making that amount.

If the bonus IS included, and then the employer stops including it, and it's as significant as OP claims, Dad would most likely qualify for a reduction in support.

[majomom1]

Nextwife... I agree with the scenario that you presented. If that were the case I would not pursue this.

In my case, My Ex worked for this company for years, then he left and several years later they asked him to come back. I know what he was making when he left there. I know the salary they offered him to come back almost 5 years later. He didn't take it because it wasn't enough... A year later, he went back to work for them. His stated "salary" plus the bonuses add up to what they offered him to come back to work. I also have all of the previous years paystubs... that show regular, consistant, monthly "bonuses".

If these were quarterly or yearly and fluctuated... as business does... I would not want this included... but these are the same amounts, monthly for over 3 years. I am contending that these are not true bonuses. They are part of his regular salary and it is being coded as bonus. These were not included at our first CS calculation because they were not on a W2 yet and he claimed they were not 'regular'...

I am not 'greedy' I just want what is right for my kids.... and yes... if I were the one with the bonus I would also want it included. My OT is not consistant... but I included it in what I report as my gross wage. If that 'bonus' were to stop, due to business, I would glady work with him to reduce the CS amount, to the fair amount.